| Momentum Bucket | Early Stage |
| Legal Title | AN ACT Relating to exempting prepared food from sales tax; |
| Bill Description | Exempting prepared food from sales tax. |
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What this bill does
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This bill amends RCW 82.08.0293 and creates a new section. The text removes the term "prepared food" from the list of items to which the "food and food ingredients" exemption does not apply in subsection (2). It also replaces several spelled-out numeric terms with numerals throughout the section and adds a new provision stating that RCW 82.32.805 and 82.32.808 do not apply to this act. The bill includes detailed statutory definitions for terms such as "food and food ingredients," "alcoholic beverages," "bottled water," "dietary supplement," "prepared food," "sold with eating utensils provided by the seller," "bakery items," "soft drinks," and "qualified low-income senior housing facility," and it references federal standards and classifications (for example, 21 C.F.R. Sec. 101.36, FDA food code chapter 3 part 401.11, and NAICS sector 311).
The bill establishes procedural requirements for sellers, including an annual single prepared food sales percentage for all of a seller's establishments in the state based on the prior year, an election between prior calendar or fiscal year that cannot be changed without the department's written consent, a 90-day deadline after the beginning of the seller's year to determine the percentage, allowance for a good faith first-year estimate with prospective adjustment, and rules about when multi-serving items are not considered "sold with utensils provided by the seller." It also sets special vending machine rules for calculating selling price (most items at 57 percent of gross receipts; certain drinks and hot prepared food calculated as gross receipts divided by (1 + sales tax rate)) and waives the usual requirements to collect tax from the buyer and to state the tax as a separate item for tax collected under that vending machine subsection. The bill was referred to the House Committee on Finance and identifies affected parties such as sellers, nonprofit meal providers, operators of qualified low-income senior housing, the state-administered nutrition program for the aged, food manufacturers in NAICS 311, and vending machine operators. The text uses the term "department" without identifying which state department is meant, and the extract does not state an effective date or whether other statutory sections or fiscal notes are affected.
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Why it matters
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If enacted, prepared food would be treated like other food and food ingredients for sales tax purposes, which would likely reduce sales tax collected on meals sold by restaurants, delis, grocery hot bars, nonprofits that provide meals, and operators of qualified low-income senior housing. Many sellers will therefore see a lower tax burden on those sales or be able to lower prices to consumers, but they must also calculate and report a single annual "prepared food sales percentage" for all their Washington establishments (using prior year sales, chosen calendar or fiscal year, and filed within 90 days of year start), creating a new, recurring administrative task and some risk of adjustments if first-year estimates prove inaccurate.
Vending machine operators face different rules: most vending food is treated as 57 percent of gross receipts for tax purposes, while soft drinks, bottled water, and certain hot prepared foods use gross receipts divided by (1 + sales tax rate), and vendors are not required to separately state or collect the tax from buyers, which may simplify handling at the point of sale but change the amount remitted. It is unclear which state department will enforce the new reporting and consent rules, and the bill text here does not show an effective date or any fiscal estimates, so the timing and net budgetary impact on state revenue or on providers referenced (nonprofits, senior housing operators, and the state nutrition program) remain uncertain.
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| Official Documents | View Full Bill Text |
| Hearing | House Finance (Public) |